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Document 32015R1867
Commission Implementing Regulation (EU) 2015/1867 of 19 October 2015 amending Regulation (EC) No 494/2002 as regards the landing obligation
Commission Implementing Regulation (EU) 2015/1867 of 19 October 2015 amending Regulation (EC) No 494/2002 as regards the landing obligation
Commission Implementing Regulation (EU) 2015/1867 of 19 October 2015 amending Regulation (EC) No 494/2002 as regards the landing obligation
OJ L 275, 20/10/2015, p. 20–21
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 32002R0494 | Addition | article 1a | 23/10/2015 | |
Modifies | 32002R0494 | Addition | article 2 paragraph 3 | 23/10/2015 |
20.10.2015 |
EN |
Official Journal of the European Union |
L 275/20 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/1867
of 19 October 2015
amending Regulation (EC) No 494/2002 as regards the landing obligation
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of the fishery resources through technical measures for the protection of juveniles of marine organisms (1), and in particular Article 48 thereof,
Whereas:
(1) |
According to Regulation (EU) No 1380/2013 of the European Parliament and of the Council (2), the gradual elimination of discards through the introduction of a landing obligation for catches of species subject to catch limits is one of the objectives of the common fisheries policy. |
(2) |
According to Article 15(1)(c) of Regulation (EU) No 1380/2013, the landing obligation applies from 1 January 2016 to hake in fisheries defined by that species. |
(3) |
Certain provisions of Commission Regulation (EC) No 494/2002 (3) conflict with the landing obligation by obliging fishermen to discard hake caught in excess of certain catch composition limits. |
(4) |
Those provisions of Regulation (EC) No 494/2002 should therefore be amended by requiring that all unintended catches of hake be landed and counted against quotas. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 494/2002 is amended as follows:
(1) |
the following Article 1a is inserted: ‘Article 1a For the purposes of this Regulation, “unintended catches” means incidental catches of marine organisms that, under Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (*1), must be landed and counted against quotas either because they are below the minimum conservation reference size or because they exceed the quantities permitted under the catch composition and by-catch rules. (*1) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).’;" |
(2) |
in Article 2, the following paragraph 3 is added: ‘3. Paragraph 1 shall not apply to unintended catches of hake subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Those unintended catches shall be landed and counted against the quotas’. |
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 October 2015.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 125, 27.4.1998, p. 1.
(2) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
(3) Commission Regulation (EC) No 494/2002 of 19 March 2002 establishing additional technical measures for the recovery of the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a, b, d, e (OJ L 77, 20.3.2002, p. 8).